Conditional rezoning proffers; extensive changes to zoning provisions. (HB2342)

Introduced By

Del. Bob Thomas (R-Stafford) with support from co-patrons Del. John Bell (D-Chantilly), and Del. Kathleen Murphy (D-McLean)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Conditional rezoning proffers. Makes extensive changes to conditional zoning provisions first enacted in 2016. Specific amendments include provisions stating that no locality shall "require" any unreasonable proffer. Under current law, no locality may "request or accept" any unreasonable proffer. Other changes include (i) allowing an applicant to submit any offsite proffer that the applicant deems reasonable and appropriate, as conclusively evidenced by the signed proffers, and (ii) provisions stating that nothing in the bill shall be deemed or interpreted to prohibit communications between an applicant or owner and the locality or shall be deemed or interpreted to prohibit presentation, analysis, or discussion of the potential impacts of new residential development or other new residential use on the locality's public facilities. Subsequent enactment clauses state that (a) the bill shall be effective as to any application for a rezoning filed on or after July 1, 2019, or for a proffer condition amendment amending a rezoning which was filed on or after July 1, 2019, or to any then pending rezoning application in which the applicant elects to proceed hereunder, by amendment of that pending application, and (b) an applicant with a pending application for a rezoning or proffer condition amendment that was filed prior to July 1, 2016, may continue to proceed under the law as it existed prior to that date, and an applicant with a pending rezoning application filed after July 1, 2016, but before July 1, 2019, or proffer condition amendment application amending a rezoning for which the application was filed after July 1, 2016, but before July 1, 2019, may continue to proceed under the law as it existed during that period. Read the Bill »

Status

01/18/2019: passed committee

History

DateAction
01/08/2019Committee
01/08/2019Prefiled and ordered printed; offered 01/09/19 19104303D
01/08/2019Referred to Committee on Counties, Cities and Towns
01/14/2019Assigned CC & T sub: Subcommittee #2
01/16/2019House subcommittee amendments and substitutes offered
01/16/2019Subcommittee recommends reporting with substitute (6-Y 1-N)
01/18/2019House committee, floor amendments and substitutes offered
01/18/2019Reported from Counties, Cities and Towns with substitute (18-Y 2-N) (see vote tally)
01/18/2019Committee substitute printed 19104992D-H1

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